March 31, 2017

The brandname colas run about $1.65 for two liters, Even in a big box like Walmart. There the private label cola Sam's costs about 84-cents.

Already, the brandname is in trouble, especially since the Frugal Economy has become an embedded consumer practice.

But that trouble could escalate exponentially. Walmart and Amazon have begun a price war. Both are determined to provide the lowest price. Amazon even has an algorithm for that. Here are details from Recode.

Walmart is "asking" brand suppliers to cut wholesale prices about 15%. If they don't, Walmart could limit distribution and create private label products to compete directly with them.

Think about that: A branded version of soap is known not to dry skin. For that you are willing to pay more than a buck a bar. But right next to it on the shelf or online is the private-label which has been heavily promoted to accomplish the same objective. It's priced at 67-cents. Even those who prefer the predictability of buying brands will at least sample-try the private label.

Those who create and manage, including distribution, brands have plenty of re-thinking to do. The whole concept of brands in consumer product categories, invented by P&G during The Great Depression, may not survive. What will become business as usual in grocery shopping, both in brick and mortar and online, has become an unknown.

Some brands will decide to leave brick and mortar totally, as least for the initial selection. Unilever recently purchased the Dollar Shave Club. On it Unilever can post digital-first brands. They can be delivered directly to the consumer with no middleman such as Walmart or even an Amazon. Controlling your own distribution channel seems to be one solution.

Another is to ditch traditional brands and create their own private labels. The latter they can have Walmart and Amazon distribute and still make some kind of profit. Maintaining and growing a brand had been expensive activities. They involve so many functions.

The re-thinking of brands will, of course, affect marketing firms, public relations agencies, the advertising industry and jobs within consumer products companies.

Those whose make their living in any of those organizations should be ready to repurpose their skills. In addition, celebrity promoters and social media influencers might no longer be in demand to pitch the cereal with high protein content.

So, it's a difficult question to pose: Mirror mirror on the wall, who is the most badly behaved lawyer of them all. It's on Abovethelaw.com that lawyer-journalist Kathryn Rubino presents that issue. To a vote.

So far, Edward De Sear has received 81% of the vote. He was convicted of crimes associated with child pornography and sex trafficking. All that could have been the plot line for an episode of "Law & Order - Special Victims Unit."

The runner-up, Jeffrey Wertkin, has only received 19% of the vote. That former Akin Gump partner is accused of trying to make a buck off a confidential whistleblower complaint.

Long story short he allegedly tried to sell that Department of Justice document to the company mentioned in the complaint. At the time of the alleged crime he was wearing a wig and going by the moniker "Dan."

When arrested, Wertkin muttered that his life was over.

But, Wertkin may get lucky. As Rubtino also reported on ATL, Wertkin has hired lawyer Christina Arguedas. Her track record indicates she could some day rival David Boies in the superlawyer category. Here is Rubino's coverage of Wertkin's decision for his life not to be over.

However, Wertkin might consider another line of work. I recommend acting. Or, if he is talented in writing, ghostwriting. Ghostwriters like myself delight in taking on other personalities. And we don't have to wear a wig while working.

"Blue Bloods" is the CBS hybrid of cop and legal drama. On March 23, 2017, CBS renewed it for its eight season.

It has endured for almost an infinite number of reasons. Mostly emotional. And those resonate in these confusing political times.

The "Blue Bloods" signature scene is that four-generation Reagan family Sunday dinner. The clan is Irish Catholic.

That brings back memories for us Baby Boomers and members of Generation X who drifted away from that religion when The Boston Globe broke the story of widespread sexual abuse of minors by the clergy.

But we still treasure Kodak moments like our First Communion. In my white dress, white veil, white pocketbook and white shoes I was a star. That was that last time I felt that way. "Blue Bloods" brings us back there.

Those of us who have lost confidence in the family as nurturing unit or who no longer have a family are drawn to that weekly Reagan ritual.

Some of us are critical that such lack of deep hostility can exist. It seems impossible. So we search for fissures.

Others try to figure out how they can replicate that structure in our own little lives. So they tune in every week and maybe also to the reruns.

An especially compelling aspect of the plot line is that third-generation Jamie, son of patriarch police commissioner Frank (who is son of former police commissioner Henry), is a graduate of Harvard Law School. While a 1L he was turned off by all his classmates' talk of high pay and big bonuses in BigLaw. He didn't approve of their failure to focus on how to make a difference in the world through their work.

So, Jamie, with more than $80,000 in student loans, decided his vocation was to join the cop side of the family business. The job pays in the $40s.. However, his sister Erin is an assistant district attorney. Jamie could have done that. Perhaps he didn't because his crusade is to uncover who offed his cop brother Joe who have been investigating corrupt police. It's amazing that Jamie hasn't also been rubbed out.

One odd distraction in the plot line is that Jamie, who certainly knows the cop ethos, wears his Harvard jacket. A woman who he is providing police protection to naturally asks about it. She is stunned that he had graduated from that elite institution. One wonders if Jamie sports that identity as datebait. He is, though, attracted to his female cop partner.

Other endearing aspects of "Blue Bloods" is that Frank is a dad who is accessible. His children come to them when they have professional or personal challenges. Don't we all wish we had had such a male figure in our childhoods?

However, Frank isn't above leveraging his power to do what he considers right. Even if it breaks the rules. For example, he has Henry verbally rough up a woman who is trying to shake down an otherwise upright police department administrator.

Also, Frank's political skills could be enhanced if he had an executive coach. Now and then he positions and packages his own antipathy toward some authority figures as living according to his personal code of conduct.

Takeaway: Our primal search for family overrides any flaws in plot. The "Blue Bloods" formula works well.

The first major setback for the Trump Administration - Trumpcare - is only one-week young.

It hovers over the Administration, which hasn't reached the 100-day milestone, like the cruel gods of ancient Greek mythology. They observed the machinations of mankind and smirked. When Zeus had had enough he threw a thunderbolt.

A second setback could happen - soon. That will resonate like a Zeus thunderbolt

That second event would be the failure of Neil Gorsuch to be confirmed as a justice for the U.S. Supreme Court.

Not that Trump Administration couldn't pull off a victory. A recent development is that two Democrat senators, up for re-election in Trump territory, have indicated they support Gorsuch. They are West Virginia's Joe Manchia and North Dakota's Heidi Heitkamp. But the confirmation would require six more Democrat supporters.

A second defeat could increase what some declare is already hardening inside the beltway. That's "policy paralysis."

That might put management consultants, who focus on advising government, in a pickle.

How do they guide government agencies to both operate on a daily basis and comply to the letter and spirit of what will emerge from the Administration's mission to incorporate the best practices of business and technology in government?

What might make the Trump initiative especially challenging is that a rookie (D.C. bites down hard and spits out amateurs) has been appointed to head the reform. That's Donald Trump son-in-law Jared Kushner.

Not long ago, I parachuted in to do ghostwriting for executive-bylined material for the Deloitte Center for Government Insights. From the get-go the professional experience with that new unit of Deloitte was negative for me. That's how I perceived it. Just one opinion, of course.

I billed the Deloitte Center for Government Insights for 2.5 hours. I was paid promptly via Paypal. And I took the exit ramp.

But I remain curious what kinds of actionable recommendations the thought leadership at the Center will make. Would the gods of ancient Greek be equally amused at what management consultants are struggling to do in these odd times?

Although management consulting is a growth industry, it is facing fresh challenges. As with BigLaw, those include pricing, brand identity and how to compete at the high end. In addition, there is the issue of possibly creating niches at the low-end by providing commodity-type services.

Perhaps management consulting firms will have to bring in executive coaches to help them position and package themselves for a changing business landscape.

If a defense lawyer used that in court, the jury would probably do an internal yawn.

If I stuck it in a white paper for clients, they wouldn't use my services again.

If a student submitted that in a college research paper, the professor would red-pencil it.

So, it's puzzling why Donald Trump used that cliché to describe the Mike Flynn situation. For a short period Flynn had been the big guy for security. Now, he is being probed by the FBI and Congress. The subject is alleged Russian interference in the campaign of 2016. Here is the coverage in the New York Post.

Flynn wants immunity in exchange for his testimony. He isn't getting it. So, the president tweeted "witch hunt." Incidentally, Flynn's lawyer Robert Kelner used the same phase.

It's odd that the oversized figure who captured America' s attention with his iconoclastic rhetoric is now down to platitudes in his language. Equally odd is why a lawyer, whose business is language, would also resort to such a worn-out choice of phrase.

March 30, 2017

Genius at star-creation Arnold Stiefel of Steifel Entertainment invested a year in positioning and packaging her perfectly. She has been on the cover of Rolling Stone and Harper's Bazaar. Here are details in the New York Post.

But the know-how on how to become a brandname is already out there. If you are determined, you can embark on a DIY program for that. You might not become a Paris Jackson. But you will have acquired the presence to get of the goodies of life you want.

Here are some the of the must-dos:

Have a sad story. Suicide, scandal or even plain-vanilla adversity are all okay. Paris has tried suicide a number of times. I didn't get to play in the big leagues until I had lost my business, nest egg and mind. I let that be widely known as an early adopter in blogging and among the first ones to use ebooks

Be seen in the right places. Yes, location matters, even in a virtual era. There is a reason why the ambitious pay about 80% of their compensation for rent in metro areas like Manhattan and San Francisco. No, you don't have to have public relations agencies arrange for you to have a brandname eat with you at a top restaurant. But you must be visible around town. Get leadership positions in high-profile organizations. And, as the adage goes, never eat lunch alone.

Work social media, especially interacting with other folks' content. That includes commenting, sharing, liking and linking. LinkedIn Updates is a must hangout.

Break through functional silos in your professional life. If you are in IT, befriend marketing, human resources and public relations. Research in networking shows that most job opportunities come from outside your usual networks.

Use gimmicks. I got in to a network in a financial services firm by offering to parachute in the diet cola

Forget ego. On the way to stardom you will be rebuffed many times. So?

Currently, I have rebuilt my business and brand through fresh points of view on social networks and in social media. Others notice. I attract new lucrative assignments.

The iconic scene in "The Godfather" was the plea of a Frank Sinatra type figure for help in putting together a comeback.

During this turbulent time in business, most of us are wind up in that pickle - a number of times.

Most recently, I have pulled off a supercomeback. And it has been at age 71. Of course, this wasn't my first.

The soul-wrenching first was in the mid 1970s.

After so much invested in doctoral studies in the humanities, the market for college professors in that field tanked. Before finding a fresh career path in ghostwriting/speechwriting, I floundered professionally. The world wrote me off as a loser.

The next comeback was at the turn of the century. My industry had changed. I had to figure out how to leverage my background and skills in a related field. That went well until there was a glut in social media.

For a few years I tried this and I tried that. Since September 2016, I have been able to build a communications line of business which earns me as much as the good old days.

How did I do that? Here's what I know:

Leverage Pareto Rule. That is the principle which recognizes that 80% of our revenue comes from 20% of our clients. So I stopped marketing to or accepting assignments from the bottom of the market. That eats at our sense of dignity and drains off our energy. If I accidentally got into such as situation, I find an exit ramp out. Fast. But nicely.

Be All-Business. Although I deal in the creative arts, it is totally a business. Every item is billable. There's no cutting slack for the enterprise running out of cash.

Integrate Pleasure into the Work Day. A Baby Boomer, I take refuge in watching reruns on television. My favorites are "Criminal Minds" and "Law and Order." Two a day and my being pulses with optimism and joy.

Purge Networks. It was executive coach Henry Cloud who hammered in "Necessary Endings" that we have to continually inventory what's no longer a fit.

A must-go was the entire Class of 1967, Seton Hill, Greensburg, Pennsylvania. You bet, I am not attending my 50th reunion. The tipping point in making that decision were what I perceived as a horrific series of encounters with former classmate Kathleen Huebner. After I took that radical action, it was a piece of cake to dump dump dump.

Forgive Ourselves. Given so much upheaval in the work world, we are going to make plenty of moves which blow up in our face. So? Through meditation, I got the hang for self-forgiveness.

I have no idea how long this latest comeback will endure. But it is real. Even my financial planner pointed out I can spend more money. He suggested traveling.

Since 99% of my assignments are telecommuting, I can do them anywhere on planet earth. Last weekend I returned to my hometown in New Jersey. The dog and I bunked in a posh hotel. If we don't enjoy the fruits of our labor, we would stop giving it all we got.

Vanity Fair can headline with the president's war on science. But, so much of what's related to the impacts of scientific research operates according to what the marketplace demands.

At the top of the list is energy efficiency. The economic reality is that energy is expensive.

Commercial buildings which are certified by organizations such as LEED as energy-efficient can command higher prices per square foot and sale value than energy-inefficient construction.

Before residential real estate is purchased, potential buyers want to see the energy bills. The deal-making might include installing an up-to-date furnace and energy-efficient windows.

Although gasoline is lots less expensive than it had been three years ago, it still costs over two-dollars a gallon. Even the most non-green car salesperson knows to hammer the great miles per gallon.

In addition, the green economy encourages going local when it comes to where we work. Long commutes have become increasingly expensive.

For example, living in Connecticut and having a job in Manhattan entails the big nut getting bigger all the time of the Metro North train and perhaps the subway from Grand Central. Why not think green and relocate to western Pennsylvania where buying a house within a few miles of the job is affordable.

Also, more and more communications assignments involve knowledge of green. The marketability is right up there with expertise in explaining the technical details of artificial reality or crisis management. The compensation is premium.

Politics, at least in America, can't compete with the market or what Adam Smith called the Invisible Hand. Sure, a president has influence. But deals close based on market dynamics.

So many lawyers crow about arguing a case before the U.S. Supreme Court. But few of them are stars. What they present never makes it into the "hall of fame," that is the SCOTUS decisions must cited.

On Abovethelaw.com, lawyer-journalist Kathryn Rubino clues us in why. Here it is.

The cases which every 1L learns about and tons of legal articles reference focus on legal issues related to civil procedure. So, ambition lawyers as well as law students should focus on those kinds of points of law for creating their legacy.

Lawyers and law students might not get all the way to SCOTUS to have their say. But they can get in on the action by covering those subjects in interviews with establishment media, publishing in law reviews, postings in social media and sponsoring special events such as public-interest panels on all that.

Everyone in the communications industry, such as myself, knows that not all topics are equally marketable. We advise clients to select carefully what they will invest their resources in promoting. And, then, of course, how to put that out there. For longer than expected, just about every clever angle associated with Trumpism sold. Then, that reached the point of diminishing returns.

Would-be stars have to develop the golden guts of media players. That's the first part. The next is positioning and packaging the take perfectly.

Long story short, internet wireless providers such as AT&T, Comcast and Verizon will be able to track our web/app behavior, then sell that data to third parties. Here is the coverage in The Wall Street Journal Drudge links to.

However, many of us have already recognized that our every keystroke is monitored and marketers alerted. For example, I put in the search box "apartments for rent - Jersey City, New Jersey." I do that so that I can get access to the listings on Google or Bing of possible apartments.

For the next few weeks, there will be static and pop-up ads on my screen about lux apartment complexes in Jersey City, restaurants I can eat at and even real estate agencies for buying houses. I am used to that. The deep-sixing of whatever the FCC is supposedly protecting me from won't make much of a difference in what is already happening. Probably there will just be more of it.

Also, the internet providers like AT&T will have a level playing field with tech companies Google and Facebook. The latter two are not subject to current FCC rules about privacy. Therefore they don't have the same restrictions the telecommunications companies do. No surprise, Google and Facebook control, reports eMarketer, 47% of the digital ad market.

Those of us who watch the cop shows have always known that our internet browsing history is everyone's business. If we are arrested for the murder of our spouse, law enforcement will seize our computers and phones. They will soon get the evidence that we researched methods of poisoning. Also, their investigation will reveal that we ordered X and Y chemicals from a digital store. When confronted with that data we accept a plea.

In addition, we should admit that those who understand human nature, including con artists, could read most of us like open books. Our body language, facial expressions, dress and language gave it all away. In the Garden of Eden, the serpent had the complete take on Eve. And Eve on Adam.